The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-01-01
THE FERRY LANDING.
a Decision Rendered in Favor of the
Petitioners.
Ferry Village Naturally Highly De-
lighted.

1t will be remembered that A. V. Cole and
Portland, petitioned the County Commits
sioners to lay out public highway on Port
land Pier, to connect with the Peoples Fer
ry line. The Commissioners denied the petit
ton, and an appeal was taken to the Su-
preme Court. A committee was appointed
by the court, who, after protracted hear
ing, reversed the decision of the County
Commissioners. The remonstrants then filed
exceptions to the report of the committee on
technical grounds. Yesterday morning a
rescript was received from the Law Court
oyerruling the exceptions and sustaining the
report of the committee in every particular
The following is the text Of the rescript:
A. Y. Cole ct ais, appellants from the de-
cree Of the County Commissioners:
The powers conferred on the County Com.
missioners by the act of 1873, chapter 4g5
were not exhausted by their action on the
petition of David Keazer ct ais. i'm 1873
That petition did not describe the way
prayed for, and gave the Commissioners no
jurisdiction to act.
By the act the e Commissioners had the
same Power to late the highway in Portland
and into tide waters that they had to locate
other highways in their county, and the doc
trine OF res ddjudtcdtd does not apply to the
action and judgment of County Commission
ers in locating highways. The only limita-
ton OF their power to act ON new petition
is found in chapter Is Of the Revised Stat
utes
An appeal lies from their determination
under said act in the same manner and TO
the same effect as to their action on petit
ton to locate any other highway in their
county.
The first section of said act in 1873, giving
the County Commissioners power to act, is
not repugnant to the Constitution of this
State 1t is independent of the second sec
ton, and may stand, although the second
section may be unconstitutional
Inc court does not decide the constitution
ality of the second section of said act as il
IS not necessarily involved in the decision of
the case.
The committee acted strictly within the
powers conferred upon them by law, in their
determination and report.
Exceptions 0verruled.
The County Commissioners will now lay
out the highway on Portland Pier, and ap-,
praise damages resulting to the owners of
property on the Pier If the owners think
the damages so appraised are TOO small they
can appeal to the Supreme Court.
The people at Cape Elizabeth celebrated
the receipt of the news yesterday by the
| ringing of bells The Cornelia II. hoisted
her flag in the morning in honor of the
event. The Cape Elizabeth Sentinel reports
the decision, saying:
| 1t is extremely gratifying to us to announce
in this issue the decision from the Supreme
Judicial Court, in the famous ferry landing
| case. A rescript was received this morning
by A. A. bennett, Clerk of Courts for Cum
| berland county, oyerruling the exceptions
| taken to the decision Of the commission APP
| pointed by said court.
| Thus, is settled one of the longest legal
| fights that has ever taken place in the courts
| OF the State, and now all that remains to be
dene, is for the opposition to calmly submit
to the inevitable, and join the large majority
that believe in the greatest good to the
public highway to the. city Of Portland,
that will open up the avenues of trade, and
place our people on an equality with all man